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TMI Blog1971 (8) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... s being filed to save time so that in case the petitioner failed to secure satisfactory relief in the habeas corpus petition the prayer for the transfer of the cases mentioned in the Transfer Petition may be appropriately pressed. The Transfer Petition is before us at the stage of preliminary hearing whereas the petition for habeas corpus has reached the stage of regular hearing after notice. 2. The petitioner describing himself as Col. Dr.B. Ramachandra Rao of I.N.A. National Army) who is confined in sub-jail at Bhubaneshwar in Orissa State has averred in the habeas corpus petition that he was brought from the District Jail, Secunderabad in Andhra Pradesh State to Bhubaneshwar in Orissa State on October 11, 1969, without any legal authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eged production are all fabricated documents and that Shri D. Kanungo, Magistrate, I Class had on October 7, 1969 directed the Superintendent, Sub-Jail, Bhubaneshwar not to allow facilities to the petitioner to approach any Court and that manifestly till that date no warrant committing the petitioner to jail custody had been issued by the said Magistrate. Indeed the petitioner's confinement in the sub-jail was directed by the Magistrate to be kept as highly confidential. 3. As the prayer for his personal production in this Court was refused and he did not engage a Counsel Shri N.S. Das Behl, an advocate of this Court, very kindly agreed to assist the Court as amicus curiae. The counter-affidavits filed on behalf of the State were duly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o stated in the counter affidavit that the petitioner had filed a writ petition (original Criminal Miscellaneous case No. 5 of 1970) in the High Court of Orissa which was dismissed. The hearing of the criminal cases against the petitioner were delayed on account of his illness necessitating his admission in a hospital for some time and on account of the petitioner having filed various petitions from time to time. 5. This Court would of course have better appreciated the assistance by the respondent State if it had produced before us (i) copies of the relevant orders remanding the petitioner to judicial custody from time to time, (ii) a copy of the order of the Orissa High Court dismissing the petitioner's writ petition and (iii) a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trates and jail authorities, which have no relevance to the grounds on which this Court can appropriately be required to release a person on a writ of habeas corpus. Most of those grievances merely suggest that the cases against him are not true and they have been engineered by some high placed individuals fur mala fide reasons. This Court does not, as a general rule, go into such controversies in proceedings for a writ of habeas corupus. Such a writ is not granted where a person is committed to jail custody by a competent Court by an order which prima facie does not appear to be without jurisdiction or wholly illegal and we are not satisfied that the present is not such a case. 6. As admitted by both sides the petitioner was sentenced to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings.A fortiori the Court would not be concerned with a date prior to the initiation of the proceedings for a writ of habeas corpus We accordingly dismiss writ petition No 601 of 1970. 8. Coming to the Transfer Petition (T.P. No. 12 of 1971) we are not persuaded to hold that any ground of expediency for the ends of justice is made out as contemplated by Section 527, Cr.P.C. for transfer of the three cases (G.Rs. Nos. 485, 791 and 896 of 1957) from the Magistrate's Court at Bhubaneshwar to the State of Maharashtra or to any other State in the Indian Union.The Transfer Petition must, therefore, be dismissed in limine. 9. As a last resort Shri N.S. Das Behl pressed the petitioner's prayer for release on bail during the pendency of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ases would have proceeded from day to day, We feel that it is just and fair to direct the trial Court to proceed with these cases which are of 1957 from day to day and we hereby so direct. We expect and have no reason to doubt that the prosecution and the petitioner both would also assist the Court in this connection and would produce their evidence without seeking unnecessary and avoidable adjournment. If the disposal of the cases is unduly delayed without just cause, it would be open to the petitioner to apply for bail in accordance with law and we have no doubt that the matter would be duly considered with the usual judicial objectivity expected of our Courts. 10. In the final result both the petitions fail and are dismissed. We must be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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